In DOBRE V. LANGLEY, 2011 BCSC 1315 (“DOBRE”), a decision released October 4, 2011, the Court considered how to apportion liability in a personal injury case where the Plaintiff was struck by the Defendant while riding his bike in a cross-walk. The DOBRE decision provides an example of how compliance with the “rules of the road” can directly affect who is liable for a particular accident, and to what extent.

 In the case of X v. Y, 2011 BCSC 944 (“X. v. Y.”), the Court determined the appropriate apportionment of liability for a serious collision that arose out of unique factual circumstances. The Plaintiff, Mr. X., was an R.C.M.P. officer who was responding to an urgent emergency situation after the collapse of an overpass on the Lougheed Highway in Coquitlam. The Plaintiff was riding a police motorcycle with lights and sirens activated when he was struck by the Defendant, Mr.

In the case Hildebrand v. Musseau 2010 BCSC 1022 (“Hildebrand”), judgment released July 21, 2010, the issue “agony of the moment” was considered. The cause of action in Hildebrand arose when the Plaintiff, who was riding dirt bikes side-by-side with a friend along the right-hand side of the road, was forced to take evasive action after noticing the Defendant driving towards him on the wrong side of the road.